Friday, July 09, 2010

Fair Use Fridays: Naked Nazi Disney Characters in Poland

Fine artists are always pushing the envelope. This is a large advertisement for an art gallery's poster exhibition in Poland. It uses a trademarked/copyrighted Disney character/logo and a Swastika that is an ancient religious symbol that when combined with red and black became the symbol of the Nazi Reich.

In a number of countries, display of Nazi/fascist materials is outlawed. According to Orange News story Row over Nazi naked Minnie Mouse, this advertisement for a fine art gallery was recently hung on the side of a building in Poland near a synagogue.

The use of trademarks and logos in fine art raises the issue of the limits of the power of a trademark owner to control commentary, criticism, and the commercialization of art-related multiples. Combine that with hate speech, a traumatized minority population and intolerant politics advocating mass murder and it is a troubling, toxic brew.

Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.

About Me

Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.